In December lawmakers agreed to fund an expansion of the program based on its success.
A fatal crash in the Upper Peninsula city of Gladstone in 2013 was the catalyst behind the drug testing pilot. A semi-truck driver was convicted on six-felony charges in connection with the crash, including two counts of operating a motor vehicle with the presence of a controlled substance causing death.
According to MSP the number of drug-impaired fatal crashes has increased over the ten year period between 2007 and 2017 by 151%, up from 98 to 246.
When his parents were killed in 2016, the couple’s son contacted his legislator who got the ball rolling on legislation to curb drugged driving.
Senator Thomas Casperson introduced a pair of bills to combat the problem and come up with a solution to roadside testing. Public Act 242 and 243 of 2016 became known as the Barbara J. and Thomas J. Swift Law, and police started looking at test instruments.
Members of MSP, prosecuting attorneys, toxicologists and forensic experts got together, forming the Oral Fluid Roadside Analysis Pilot Program Committee.
Their report was recently released along with the recommendation to expand the pilot state-wide for at least a year.
The oral fluid roadside test is the Alere DDS2, which detects six different drugs, including a component of cannabis known as Delta 9 THC. It also tests for the presence of amphetamine, cocaine, methamphetamine, opiates and benzodiazepines.
Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate.
In all 92 people were tested and 89 were arrested. According to the report 83 people tested positive for substances; and over 80% of those who tested positive for cannabis.
As a result of the five-county pilot, MSP plans to continue working on the accuracy of the equipment, which it hopes will support permanent changes to the Motor Vehicle Code.
MSP is also training more officers across the state as Drug Recognition Experts (DRE) who can spot impaired drivers and test them at the roadside.
A date to start the yearlong pilot program has not been set, but is expected to be sometime within 2019.
Media + Blog
Planet Green Trees Podcast
Komorn Law In The News
Media
Michigan Court of Appeals – Case Summary People v Bosworth
Michigan Court of Appeals - People v. Bosworth Despite these efforts, the jury found the evidence against Bosworth compelling. In the case of People v. Christopher Mychael Bosworth, the Michigan Court of Appeals rendered a decision on July 18, 2024. Bosworth was...
Michigan Court of Appeals – Case Analysis People v. Jackson
Michigan Court of Appeals - People v MICHAEL JACKSON Several critical legal issues emerged during the trial and subsequent appeals process including self defense claim and witness credibility. In a recent decision by the Michigan Court of Appeals dated July 18, 2024,...
Michigan Supreme Court restores wage and sick leave laws
Citizen-initiated proposals aimed at increasing the minimum wage and expanding paid sick leave In a significant ruling, the Michigan Supreme Court has reinstated the original minimum wage and paid sick leave laws that were initially gutted by the legislature in 2018....
SCOTUS Decision Gives Starbucks a Win in Labor Dispute
The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...
People v. Bosworth – A Murder Conviction and Its Aftermath
Michigan Court of Appeals: People v. Bosworth The case took a dark turn during the early hours of August 3, 2020. Background and Basic Facts On June 15, 2020, Aquae Keyes was tragically murdered. Jakari Robinson, initially arrested for the murder, was later released...
Cannabis workers claimed employer violated labor laws
Allegedly had to put on company-issued personal protective equipment (“PPE”) (such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes) before clocking in Close to 1.2 milion settlement for 134 cannabis workers alleging wage violations under federal...
The MSP is Concerned About Your Privacy (Firearms)
Is the Michigan State Police really concerned about your DNA / biometric privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and...
Michigan Supreme Court – Forfeiture of 2006 Saturn ION
FORFEITURE OF 2006 SATURN IONMichigan Supreme Court Ruling - July 25, 2025 The Michigan Supreme Court has ruled that Detroit police can no longer seize cars through civil asset forfeiture unless they can demonstrate that the vehicle was used for drug trafficking.The...
The MSP is Concerned About Your Privacy (Vehicle Information)
Is the Michigan State Police really concerned about your Driver License and Motor Vehicle Information privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data...
